N.Y. Election Law § 8-404: Absentee voting; hospitalized veterans, special provisions

§ 8-404. Absentee voting; hospitalized veterans, special provisions.

1. After entering upon the registration records, the application for

registration of a resident or patient of a veterans health

administration hospital as to whom the medical superintendent or medical

head of such hospital has attested that he or she expects that he or she

will not be discharged prior to the day following the next general or

special village, primary, special, general or New York city community

school board district or city of Buffalo school district election, and

the application for registration by the spouse, parent or child of such

resident or patient, accompanying or being with him or her, if a

qualified voter and a resident of the same election district, the board

of elections, without further investigation and without further

application by the applicant, shall send to him or her at such hospital

an absentee ballot and shall record in the signature column on the back

of his or her permanent personal registration poll record that such

ballot has been sent.

(a) Any voter who is duly registered and whose registration records

are marked "Hospitalized Veteran" or "Hospitalized Veteran's Relative"

need not thereafter make application for an absentee ballot. Sixty days

before each election, the board of elections shall compile and send a

list to each veterans health administration hospital of all residents

and patients of veterans health administration hospitals who appear by

the records of such board to be "hospitalized veterans" entitled to

receive absentee ballots at each such hospital pursuant to the

provisions of this section. Each veterans health administration hospital

shall no later than fifteen days following the receipt of such list,

return it with notations made thereon showing whether the resident or

patient continues to be confined therein or has been discharged

therefrom. Upon the receipt of such returned list from each veterans

health administration hospital with the proper notations showing that a

"hospitalized veteran" continues to be confined in such hospital, the

board of elections, by mail addressed to such "hospitalized veteran" at

his or her last known hospital address and by mail addressed to such

"hospitalized veteran's relative" at his or her last known address shall

send an absentee ballot for the ensuing election to such "hospitalized

veteran" and such "hospitalized veteran's relative" an absentee ballot

in the same manner as provided in this section for a qualified voter

entitled to an absentee ballot because of permanent disability. The

board shall record on the back of his or her registration poll record in

the space reserved for his or her signature at such election, the fact

that such ballot has been sent.

(b) If the returned list from a veterans' administration hospital

contains a notation showing that a "hospitalized veteran" is no longer a

resident or patient at the veterans health administration hospital where

he or she is recorded as staying, or if such letter containing an

absentee voter's ballot for a "hospitalized veteran" or a "hospitalized

veteran's relative" is returned by the post office as undeliverable, the

board of elections shall ascertain whether the "hospitalized veteran" or

"hospitalized veteran's relative" is residing at the address given on

his or her registration records as his or her permanent address. If he

or she is residing there, the board shall not send him or her any

further absentee ballots unless he or she applies therefor in the

regular way. If he or she is not residing at the place of residence

given on his or her registration records but the board ascertains that

he or she has been transferred to another veterans health administration

hospital, the board shall cause a central board of registration to make

the necessary changes of temporary address on his or her registration

records and shall continue sending him or her absentee ballots at the

veterans health administration hospital where he or she is staying. If

he or she is not residing at the place of residence given on his or her

registration records and the board cannot ascertain that he or she has

been transferred to another veterans health administration hospital, the

board shall cancel his or her registration. Whenever a registration is

cancelled pursuant to this paragraph notice shall be mailed to the

veteran or his or her relative at his or her permanent residence address

and last temporary address.

2. The board of elections shall furnish to each party county chairman

in such county a list of the names and residence addresses of the

hospitalized veterans and hospitalized veterans' relatives to whom

absentee ballots have been sent.

3. Such ballots shall be mailed, voted, returned, counted, and

canvassed as provided in this chapter for other absentee voters'

ballots.